- 5 - reported, yielding an adjusted gross income of $48,724. Petitioner entered "-0-" on line 50, Tax on qualified retirement plans (including IRAs) and MSAs. He did not attach Form 5329, Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts, to his return. In the notice of deficiency and accompanying explanations, respondent determined that the 10-percent additional tax under section 72(t) was due on the premature distribution from the United States Trust Co. of America. In the amendment to answer, respondent claims the $17,900 paid by petitioner to his former wife is not deductible as alimony. The first issue is whether petitioner is liable for the 10- percent additional tax on the distribution from the qualified retirement plan under section 72(t)(1). Section 72(t) provides for a 10-percent additional tax on early distributions from qualified retirement plans, as follows: (1) Imposition of additional tax.-–If any taxpayer receives any amount from a qualified retirement plan (as defined in section 4974(c)), the taxpayer’s tax under this chapter for the taxable year in which such amount is received shall be increased by an amount equal to 10 percent of the portion of such amount which is includible in gross income. The term “qualified retirement plan” includes any plan described in section 401(a), which includes qualified stock bonus plans such as the ESOP in which petitioner participated. Sec.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011